§ 3-8A-17.3. Evaluation of child's mental condition -- Report

   (a) In general. --

   (1) The qualified expert shall examine the child and prepare a report stating whether, in the expert's opinion, the child is incompetent to proceed.

   (2) In conducting the examination, the qualified expert shall review all available medical, educational, and court records concerning the child and the child's case.

   (3) In determining whether the child is incompetent to proceed, the qualified expert shall consider the following factors:

      (i) The child's age, maturity level, developmental stage, and decision-making abilities;

      (ii) The capacity of the child to:

         1. Appreciate the allegations against the child;

         2. Appreciate the range and nature of allowable dispositions that may be imposed in the proceedings against the child;

         3. Understand the roles of the participants and the adversary nature of the legal process;

         4. Disclose to counsel facts pertinent to the proceedings at issue;

         5. Display appropriate courtroom behavior; and

         6. Testify relevantly; and

      (iii) Any other factors that the qualified expert deems to be relevant.

   (4) The written report submitted by the qualified expert shall:

      (i) Identify the specific matters referred for evaluation;

      (ii) Describe the procedures, techniques, and tests used in the examination and the purposes of each;

      (iii) State the qualified expert's clinical observations, findings, and opinions on each factor specified in paragraph (3) of this subsection, and identify those factors, if any, on which the qualified expert could not give an opinion; and

      (iv) Identify the sources of information used by the qualified expert and present the factual basis for the qualified expert's clinical findings and opinions.

(b) Treatment. --

   (1) If the qualified expert believes that the child is incompetent to proceed, the report shall describe the treatment that the qualified expert believes is necessary for the child to attain competency to proceed, and, in a separate report, shall state whether the child poses a danger to the child or to the person or property of others.

   (2) In determining the treatment that is necessary for the child to attain competency to proceed, the qualified expert shall consider and report on the following:

      (i) The mental illness, mental retardation, developmental immaturity, or other developmental disability causing the child to be incompetent to proceed;

      (ii) The treatment or education appropriate for the mental illness, mental retardation, developmental immaturity, or other developmental disability of the child, and an explanation of each of the possible treatment or education alternatives, in order of recommendation;

      (iii) The likelihood of the child attaining competency to proceed under the treatment or education recommended, an assessment of the probable duration of the treatment required to attain competency, and the probability that the child will attain competency to proceed in the foreseeable future; and

      (iv) Whether the child meets the criteria for involuntary admission under Title 10, Subtitle 6, Part III of the Health - General Article.

(c) Filing and service. --

   (1) All reports required under this section shall be filed with the court and served on the child's counsel, the State's Attorney, and the Department of Juvenile Services within 45 days after the court orders the examination.

   (2) On good cause shown, the court may extend the time period specified in paragraph (1) of this subsection for an additional 15 days.

   (3) Failure to file a complete report within the time periods specified in this subsection may not be, in and of itself, grounds for dismissal of the petition alleging delinquency.

(d) Presence of counsel during examination. -- Counsel for the child may be present at an examination under this section.

HISTORY: 2005, ch. 580.